Starting March 1, 2020, a new offense classification scheme is in place for drug possession cases in Colorado.
The effect? Small possession cases (those that involve 4 grams or less) of schedule I and II drugs (some common examples are methamphetamine, heroin, cocaine, fentaynl, and prescribed narcotic pain medication) are now a drug misdemeanor (DM1), instead of a drug felony (DF4).
The bill also prohibits a prosecutor from charging you with possession for a minuscule amount that is found within a syringe, baggie, or other paraphernalia.
Further, The bill makes possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 1 drug misdemeanor and makes possession of 3 ounces or less of marijuana concentrate a level 2 drug misdemeanor.
To be clear, if elements or indication of possession with intent to sell are present, prosecutors can and will pursue felony charges. The purpose of this change is to reduce the amount of personal use addicts and offenders who have ended up in the Colorado prison system and to refocus efforts on rehabilitation.
The above is meant only as a summary, and the law can be found and read in full here: HB19-1263
Matthew S. GOLd
Owner and Attorney at Gold Law, L.L.C.
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